Received; read twice and referred to the
Committee on Energy and Natural
Resources

June 27, 2013

Reported by Mr. Wyden,
with an amendment

Strike out all after the enacting clause and insert
the part printed in italic

AN ACT

To reinstate and transfer certain
hydroelectric licenses and extend the deadline for commencement of construction
of certain hydroelectric projects.

1.

Short title

This Act may be cited as the
Collinsville Renewable Energy
Promotion Act.

2.

Reinstatement of
expired licenses and extension of time to commence construction of
projects

Subject to section 4
of this Act and notwithstanding the time period under section 13 of the Federal
Power Act (16 U.S.C.
806) that would otherwise apply to Federal Energy Regulatory
Commission projects numbered 10822 and 10823, the Federal Energy Regulatory
Commission (referred to in this Act as the Commission)
may—

(1)

reinstate the
license for either or each of those projects; and

(2)

extend for 2 years
after the date on which either or each project is reinstated under paragraph
(1) the time period during which the licensee is required to commence the
construction of such projects.

Prior to reaching any final
decision under this section, the Commission shall provide an opportunity for
submission of comments by interested persons, municipalities, and States and
shall consider any such comment that is timely submitted.3.

Transfer of
licenses to the town of Canton, Connecticut

Notwithstanding section 8 of the Federal
Power Act (16 U.S.C.
801) or any other provision thereof, if the Commission
reinstates the license for, and extends the time period during which the
licensee is required to commence the construction of, a Federal Energy
Regulatory Commission project under section 2, the Commission shall transfer
such license to the town of Canton, Connecticut.

4.

Environmental
assessment

(a)

Definition

For
purposes of this section, the term environmental assessment shall
have the same meaning as is given such term in regulations prescribed by the
Council on Environmental Quality that implement the National Environmental
Policy Act of 1969 (
42 U.S.C. 4321 et seq.).

(b)

Environmental
assessment

Not later than 180 days after the date of enactment of
this Act, the Commission shall complete an environmental assessment for Federal
Energy Regulatory Commission projects numbered 10822 and 10823, updating, to
the extent necessary, the environmental analysis performed during the process
of licensing such projects.

(c)

Comment
period

Upon issuance of the environmental assessment required
under subsection (b), the Commission shall—

(1)

initiate a 30-day
public comment period; and

(2)

before taking any
action under section 2 or 3—

(A)

consider any
comments received during such 30-day period; and

(B)

incorporate in the
license for the projects involved, such terms and conditions as the Commission
determines to be necessary, based on the environmental assessment performed and
comments received under this section.

5.

Deadline

Not later than 270 days after the date of
enactment of this Act, the Commission shall—

(1)

make a final
decision pursuant to paragraph (1) of section 2; and

(2)

if the Commission
decides to reinstate one or both of the licenses under such paragraph and
extend the corresponding deadline for commencement of construction under
paragraph (2) of such section, complete the action required under section
3.

6.

Protection of
existing rights

Nothing in
this Act shall affect any valid license issued by the Commission under section
4 of the Federal Power Act (
16 U.S.C. 797
) on or before the date
of enactment of this Act or diminish or extinguish any existing rights under
any such license.

1.

Short title

This Act may be cited as the
Collinsville Renewable Energy
Production Act.

2.

Definitions

In this Act:

(1)

Commission

The
term Commission means the Federal Energy Regulatory
Commission.

(2)

License

The
term license means—

(A)

the license for
Commission project number 10822;

(B)

the license for
Commission project number 10823; or

(C)

both.

(3)

Town

The
term Town means the town of Canton, Connecticut.

3.

Reinstatement,
extension, and transfer of expired licenses

Notwithstanding the termination of the
license, the Commission may, at the request of the Town, in accordance with
section 4(a), and after reasonable notice—

(1)

reinstate the
licence;

(2)

extend for 2 years after
the date on which the license is reinstated the time period during which the
licensee is required to commence the construction of the project subject to the
license; and

(3)

subject to section 4,
transfer the license to the Town.

4.

Conditions of
transfer

(a)

Application for
transfer

The Town may request the reinstatement, extension, and
transfer of the license by filing an application for approval of the
transfer.

(b)

Contents of
application

The application for approval of the transfer shall
set forth in appropriate detail the qualifications of the Town to hold the
license and to operate the property under license, which qualifications shall
be the same as those required of applicants for the license.

(c)

Commission
approval

The Commission may approve the transfer on a showing
that the transfer is in the public interest.

(d)

Terms and conditions of
licenses

The Town shall be subject to—

(1)

all the conditions of the
license and all the provisions and conditions of the Federal Power Act (16
U.S.C. 791a et seq.), as though the Town were the original licensee; and

(2)

any additional terms and
conditions the Commission determines to be necessary, including conditions for
the protection, mitigation, and enhancement of fish and wildlife and related
habitat under sections 10(j) and 18 of the Federal Power Act (16 U.S.C. 803(j),
811).

5.

Administration

The Commission shall supplement the
environmental impact statement or similar analysis required under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) prepared in connection with the
issuance of the original license to examine all new circumstances and
information relevant to environmental concerns and bearing on the reinstatement
of the license or the impact of the license.